Fiduciary Litigation Attorney NC

On May 5, 2017, Kirk Sanders spoke at the North Carolina Bar Association’s Annual Paralegal meeting in Pinehurst, NC. His one hour topic was POA Abuse and Litigation under North Carolina law. At the course, he taught about warning signs for abuse and misappropriation by the POA agent. He spoke on the fraud triangle. The fraud triangle involves weaknesses in the situation where the agent has opportunity to mismanage or steal, there’s perceived pressure on the agent (eg. debt issues, divorce, no savings), and rationalization by the agent concerning their bad faith acts. The...

Problem: Someone has the original Lost Will & Testament but refuses to file it. Or they refuse to give it to you to probate with the Clerk of Court. Solution: Motion to Compel Production of a Will To learn more, go to my companion website and read more on this subject at http://kirksanderslaw.com/blog/compelling-production-will For your fiduciary litigation needs, contact the Estate Litigation Attorneys at Hendrick Bryant at 336-723-7200

What is an equitable lien? An equitable lien is a device created by North Carolina courts to protect people whose money is wrongfully spent by someone else to improve that other person’s property. Courts can give the victim a right to be paid from the sale of the property. This right to payment attaches specifically to the wrongfully improved or purchased property. FOR EXAMPLE, Andrew is Vicky’s power of attorney. Andrew wants to buy a new house, so he uses his power to take $50,000 from Vicky to help pay for it. However, Vicky never gave Andrew permission to take the money. Vicky now...

What is a resulting Trust? Our main law firm webpage discusses in greater detail the following type of equitable claim in litigation: “For example, Victor gives to Alvin $150,000.00 with the intention that Alvin use the money to buy Victor a house. Alvin takes the money from Victor and uses it to buy the house Victor wants. However, instead of turning over the house to Victor, Alvin puts the deed to the property is his own name keeps the house he bought with Victor’s funds. Alvin prevents Victor from being able to enjoy what should be Victor’s property. Alvin now holds the property in...

NC Fiduciary Litigation Attorney, Kirk Sanders, and co-counsel, Bryan Thompson, settled a lawsuit against the power of attorney for an elderly octogenarian. The case was filed, along with discovery and a motion for a preliminary injunction to protect the assets. The case was reported in North Carolina Lawyers Weekly, September 28, 2015 edition. The elderly plaintiff had $1,000,000 in financial assets taken out of his control and name. Within 2 weeks, the power of attorney went to the plaintiff’s banks, closed all his accounts, and transferred the money to sequestered, unknown banks....

Case of Elective share. There’s one person in NC that can’t be disinherited from an estate. It’s the dead person’s spouse. If a spouse is written out of a will, then that spouse has options. Kirk Sanders, Estate Litigation Attorney, has handled these types of cases. This also applies if the surviving spouse is not given enough by the dead spouse’s estate. One situation included a stipulation in the will that the surviving spouse received a life estate in a piece of property on the condition that he not co-habitate with other women. Our firm’s estate litigation attorneys were able...